The Federal Trade Commission recently released a Staff Report regarding consumer recognition of native and search advertising entitled “Blurred Lines”, summarizing its findings from its self-styled “exploratory research”. Unsurprisingly, the FTC concluded that the use of disclosures consistent
Covering Your Ads® Blog
Legal Issues Affecting Advertising, Marketing and Promotions
The Covering Your Ads® Blog, published by Sheppard, Mullin, Richter & Hampton LLP, focuses on legal issues related to advertising, marketing, and consumer protection. It covers topics such as regulatory compliance with advertising laws, intellectual property concerns in marketing, digital advertising challenges including endorsements and testimonials, pricing transparency regulations, and the legal implications of emerging technologies like NFTs in advertising. The blog also addresses litigation trends involving advertising claims, privacy and cybersecurity issues affecting marketers, and developments in consumer rights related to digital goods and services. It serves as a resource for understanding the intersection of advertising practices and evolving legal standards.
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New Compliance Warning: Interest-Based Video Ads Must Provide Notice and Choice
The Online Interest-Based Advertising Accountability Program recently warned that it will require interest-based video ads to provide transparency and control to viewers by April 1, 2018.
The Accountability Program, a service of the Better Business Bureau that regulates online behavioral…
FTC Workshop Provides Insight on Best Practices to Mitigate Informational Injuries
On December 12, 2017, the FTC hosted a workshop to discuss informational injuries that consumers may suffer when their personal information is misused. Discussion topics included the types of informational injuries consumers suffer and business and consumer perspectives about costs,…
Behavioral Advertising Company That Dropped “Zombie” Cookies Can’t Use Verizon’s Arbitration Clause To Avoid Class Action Lawsuit
The 9th Circuit Court of Appeals ruled that a non-party online behavioral advertising firm could not benefit from the arbitration clause in the agreement between Verizon and its customers because it was not a party to that agreement.…
Deadline Approaching: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection
The U.S. Copyright Office is making changes to the Digital Millennium Copyright Act (DMCA) safe harbor agent registration process. The changes impact both new online service providers as well as existing online service providers who have already registered an agent.…
Paid to Post? #FTCAdvice for Influencers
In our previous blog post, “#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements,” we discussed a recent Federal Trade Commission (the “FTC”) settlement and the FTC’s increased focus on misleading advertising and endorsements on…
#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements
By Tyler Baker
In 2017, being a “social media influencer” can mean big bucks. Companies are increasingly eager to pay individuals with large social media followings substantial sums to promote products in the hopes of reaching millions of potential customers quickly. And consequently,…
Privacy Hat Trick: Three New State Laws to Juggle
Nevada, Oregon and New Jersey recently passed laws focusing on the collection of consumer information, serving as a reminder for advertisers, retailers, publishers and data collectors to keep up-to-date, accurate and compliant privacy and information collection policies.…
A Deeper Dive Into the FTC Crack-Down on Social Media Influencers: What You Should Know Before You Post
In our previous blog post, “Brands Beware!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides,” we reported that the Federal Trade Commission (“FTC”) had issued more than 90 letters to brands and influencers, making it clear that it is…
Political Polarization in a Programmatic World
By Brian Pass
In an era of heightened political awareness and division, brands are more and more sensitive to the nature of the content where their online ads are displayed. In an era of ever-increasing dominance of programmatic advertising via multiple levels of…